[Code of Federal Regulations]

[Title 20, Volume 1]

[Revised as of April 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 20CFR259.3]



[Page 510]

 

                      TITLE 20--EMPLOYEES' BENEFITS

 

                  CHAPTER II--RAILROAD RETIREMENT BOARD

 

PART 259_INITIAL DETERMINATIONS AND APPEALS FROM INITIAL DETERMINATIONS 

WITH RESPECT TO EMPLOYER STATUS AND EMPLOYEE STATUS--Table of Contents

 

Sec.  259.3  Reconsideration of initial determinations with respect to 

employer or employee status.



    (a) A party to an initial decision issued under Sec.  259.1 shall 

have the right to request reconsideration of that decision. A request 

for reconsideration shall be in writing and must be filed with the 

Secretary to the Board within one year following the date on which the 

initial determination was issued. Where a request for reconsideration 

has been timely filed, the Secretary to the Board shall notify all other 

parties to the initial determination of such request. The party who 

requested reconsideration and any other party shall have the right to 

submit briefs or written argument, as well as any documentary evidence 

pertinent to the issue under consideration. The General Counsel or his 

or her designee shall review the material furnished all parties and 

shall submit it to the Board with a recommendation as to the 

determination upon reconsideration. The Board shall then issue a 

determination with respect to the request for reconsideration. The 

Secretary to the Board shall promptly notify all parties and other 

interested persons or entities of the determination upon 

reconsideration.

    (b) A party who claims to be aggrieved by an initial decision of the 

Board but who fails to timely request reconsideration under this section 

shall forfeit any further right to appeal under this part.



[57 FR 4366, Feb. 5, 1992]